• Regarding extradition

My son has married last year in the month of april. it was arranged marriage
after marriage he was very unhappy as his wife deliberately fights with us & him after three months of marriage she has called the police . we have separated from his is in the month of feb 2017 when she was in her parental house.. her wife came in the month of march & staing rented accomodation 15 to 17 days after that my son got pr & gone to australia. without her wife. my question is can my daughter in law extradition my son from australia ? what type of charges she will implicate to my son & also us?
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

Hi

1) Generally for martial disputes, extradition orders are not issued.

2) Supreme court in Arnesh Kumar Vs. State of Bihar, 2014 (8) SCC 273 has categorically stated that there shall be No Automatic Arrest in 498A Cases and strict Guidelines have been issued to Police And Magistrates.

3) Your daughter in law can file 498a and Domestic violence cases against your son and you(father and mother).

4) If your son's wife chooses to file a 498a(dowry case) against you, then you and your son can appear in front of police and submit your statement denying the allegations.

5) Another Alternative remedy is that if your daughter in law files 498a and Domestic violence cases, you can get the same quashed by filing a petition under section 482 of Cr.P.C at Delhi High court.

7) You can also petition the Delhi High court under section 482 of Cr.P.C for exemption from personal appearance etc.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1) daughter in law can file case under section 498A against her husband for dowry harassment

2) police would issue notice to your son

3) son should come down to India and apply for AB

4) if your son does not cooperate in investigations then look out notice would be issued against him

5) wife may move RPO to impound husband passport

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

my question is can my daughter in law extradition my son from australia ? what type of charges she will implicate to my son & also us?

She cannot seek to extradite your son from Australia.

At the maximum she may file a 498a and dowry harassment cases against all of you and in addition she may file domestic violence case but a maintenance case shall be maintainable only against him.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. Extradition is most difficult process and expensive one and only in extreme serious cases involving persons accused of terrorism or serious crime persons are extradited.

2.For extradition the first condition there must be a extradition treaty between the two countries.

.3 In other words in matrimonial cases there is not a single instance of extradition.

4.However of his wife files 498A cases then ask your son to come to India , take bail and return to Australia once again.

5.Thereafter he need not come on each dates.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

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